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09/07/2004
Human Rights Commission in Rathgael success
The Northern Ireland Human Rights Commission has been granted leave to take judicial review proceedings against the Secretary of State, challenging the decision of the Northern Ireland Office (NIO) to refuse the Commission access to Rathgael Juvenile Justice Centre.
In March 2002 the Commission published research entitled 'In Our Care', reviewing the conditions under which children and young people are detained in the criminal justice system in Northern Ireland.
The report contained some 170 recommendations aimed at transforming the care of children in custody, however, since last year the Commission has attempted to secure permission to visit Rathgael only to be refused by the NIO claiming the Commission has no right of access under its powers and that other, more appropriate bodies have the responsibility to inspect Rathgael.
Commenting on the decision, Commission Chief Executive, Paddy Sloan said: “It is very disappointing that we should have to resort to the courts to secure the cooperation of the NIO on this matter.
"The Secretary of State has been considering a Review of the Commission’s powers since March 2001, without any definitive response. It is quite unacceptable that despite Parliamentary assertion of full cooperation, a simple follow-up exercise such as is proposed should be blocked by the NIO.
"The Commission has a supportive, not inspectorate role and is very conscious of its responsibility to protect and promote the human rights of the children and young people who are currently held in custody.”
Lord Justice Weatherup granted leave for the Commission to judicially review the Secretary of State based on two key points: firstly, that the Commission has a legitimate expectation of cooperation from the Government given its previous commitment to cooperation, clearly stated to Parliament and, secondly, that the NIO has wrongly assumed that the Commission’s powers in this case may only be exercised where no other statutory provisions exist for the type of work proposed by the Commission.
'In Our Care: Promoting the Rights of Children in Custody' was published by the Commission in March 2002.
(MB)
In March 2002 the Commission published research entitled 'In Our Care', reviewing the conditions under which children and young people are detained in the criminal justice system in Northern Ireland.
The report contained some 170 recommendations aimed at transforming the care of children in custody, however, since last year the Commission has attempted to secure permission to visit Rathgael only to be refused by the NIO claiming the Commission has no right of access under its powers and that other, more appropriate bodies have the responsibility to inspect Rathgael.
Commenting on the decision, Commission Chief Executive, Paddy Sloan said: “It is very disappointing that we should have to resort to the courts to secure the cooperation of the NIO on this matter.
"The Secretary of State has been considering a Review of the Commission’s powers since March 2001, without any definitive response. It is quite unacceptable that despite Parliamentary assertion of full cooperation, a simple follow-up exercise such as is proposed should be blocked by the NIO.
"The Commission has a supportive, not inspectorate role and is very conscious of its responsibility to protect and promote the human rights of the children and young people who are currently held in custody.”
Lord Justice Weatherup granted leave for the Commission to judicially review the Secretary of State based on two key points: firstly, that the Commission has a legitimate expectation of cooperation from the Government given its previous commitment to cooperation, clearly stated to Parliament and, secondly, that the NIO has wrongly assumed that the Commission’s powers in this case may only be exercised where no other statutory provisions exist for the type of work proposed by the Commission.
'In Our Care: Promoting the Rights of Children in Custody' was published by the Commission in March 2002.
(MB)
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